Pacheco v. Protection Strategies Inc Arch Insurance Co., 040121 VAWC, VA02000035487

Case DateApril 01, 2021
CourtVirginia
NATE WOLF PACHECO
v.
PROTECTION STRATEGIES INC ARCH INSURANCE COMPANY, Insurance Carrier
Jurisdiction Claim No. VA02000035487
Virginia In The Workers’ Compensation Commission
April 1, 2021
          Date of Injury December 16, 2011           Nate Wolf Pacheco Claimant, pro se.           Joseph F. Giordano, Esquire [1] For the Defendants.           REVIEW on the record by Commissioner Marshall, Commissioner Newman, and Commissioner Rapaport at Richmond, Virginia.           OPINION           MARSHALL Commissioner          The claimant requests review of a February 9, 2021 Order which dismissed his claim with prejudice. We AFFIRM.          I. Material Proceedings          The claimant filed a December 9, 2020 claim. He alleged injuries to his head, ear, spine and hips on December 16, 2011 while working for the employer. He stated the injuries occurred due to a mortar attack at Camp Taji, Iraq. An attached form indicated he “worked for military in Iraq.” Another identified him as a “defense contractor.” He requested a lifetime medical award.          The Deputy Commissioner wrote the claimant on January 25, 2021. He advised the Virginia Workers’ Compensation Commission did not appear to have jurisdiction over the claim. He indicated the Commission did not have jurisdiction over federal employees or federal employers pursuant to Virginia Code § 65.2-101. In order to afford the claimant due process and an opportunity to be heard, the Deputy Commissioner ordered him “to show cause (explain in writing) on or before February 8, 2021, why (his) claim should fall under the jurisdiction of the Virginia Act.” (emphasis in original).          The claimant did not respond to the Deputy Commissioner’s January 25, 2021 letter order. The Deputy Commissioner dismissed the claim with prejudice on February 9, 2020. The Deputy Commissioner reiterated that the Commission had no jurisdiction over federal employees or employers.          The claimant requested review. He denied he was a federal employee. He stated he was a corporate employee of Protection Strategies, Inc., a...

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